(1) Each apartment owner shall be entitled to an undivided interest in the common areas and facilities in the percentage expressed in the Declaration.
(2) The percentage of the undivided interest of each apartment owner in the common areas and facilities as expressed in the Declaration shall not be altered without the consent of all the apartment owners expressed in an amended Declaration duly executed and registered as provided in this Act.
The percentage of the undivided interest in the common areas and facilities shall not be separated from the apartment to which it appertains, and shall be deemed to be conveyed or encumbered with the apartment even though such interest is not expressly mentioned in the conveyance or other instrument.
(3) The common areas and facilities shall remain undivided, and no apartment owner or other person shall bring any action for partition or division of any part thereof, unless the property has been withdrawn from the provisions of this Act.
(4) Each apartment owner may use the common areas and facilities for thepurpose for which they are intended without hindering or encroaching upon the lawful rights of the other apartment owners.
(5) The work relating to the maintenance, repair and replacement of the common areas and facilities and the making of any additions or improvements thereto shall be carriedout in accordance with the provisions of this Act and the bye-laws made thereunder.
An apartment to be transferable and heritable propertY- Common areas and facilities.
115 The West Bengal Apartment Ownership Act, 1972.
[West Ben. Act (Sections 6-10.)
(6) The Association of Apartment Owners shall have irrevocable right, to be exercised by the Manager or the Board of Managers on behalf of the Association, with such assistance as the Manager or the Board of Managers, as the case may be, considers necessary, to have access to each apartment from time to time during reasonable hours, for the maintenance, repair and replacement of any of the common areas and facilities therein or accessible therefrom, or for making emergency repairs therein to prevent any damage to the common areas and facilities or to other apartments.
Compliance 6. Each apartment owner shall comply strictly with the bye-laws and with by` with the covenants, conditions and restrictions set forth in the Declaration. laws, covenants, Failure to comply with any of the same shall be a ground for an action to etc.
recover damages or for other relief or reliefs at the instance of the Manager or the Board of Managers on behalf of the Association of Apartment Owners or, in a proper case, by an aggrieved apartment owner.
Certain work 7. No apartment owner shall do any work which would be prejudicial prohibited.
to the soundness or safety of the property or wouldreduce the value thereof or impair any easement or hereditament or shall add any material structure or excavate any additional basement or cellar.
8. During the period the property remains subject to this Act, no encumbrance of any nature shall be created against the prciperty. During such period an encumbrance may, however, be created only against each apartment and the percentage of undivided interest in the common areas and facilities appurtenant to such apartment, in the same manner as in relation to any other separate parcel of property subject to individual ownership.
9. The common profits of the property shall be distributed among, and the common expenses shall be charged to, the apartment owners according to the percentage of the undivided interest in the common areas and facilities.
Encumbrances against apartments.
Common profits and expenses.
Contents of Declaration.